Applicable from 18 June 2021
These General Terms and Conditions of Sale (“GTC”) are concluded by and between, on the one hand, the company ORECA SAS, with a share capital of 3 694 240 euros, registered with the Registre du Commerce et des Sociétés of Toulon (France) under number 302 045 794, whose registered office is at Parc d’activités du Plateau de Signes, 83870 Signes, (“ORECA”), and on the other hand, any natural or legal person making a purchase via its websites (“Websites”) https://en.oreca-store.com (“Website OS”) and https://pro.oreca.com or by any other means (“Buyer”).
The Buyer declares to be of legal age or hold parental permission, and to have the legal capacity to enter into contracts, allowing him or her to place an order on the Websites or by any other available means.
For any questions regarding an online or in-store purchase, the ORECA Customer Relations Centre (“Customer Service”) can be contacted:
- At +33 (0)4 94 88 57 94 from 9:00 AM to 6:30 PM, Monday through Friday and, from 9:00 AM to 12:00 PM and 2:00 PM to 6:00 PM, with the exception of public holidays,
- From the “My account” section available on the Websites,
- in writing by email to commercial_OS@oreca.fr,
- by mail: ORECA Store - BP 706 - 83030 Toulon Cedex 09.
The parties agree that their relationship will be governed exclusively by these GTC which are available on the Websites. These GTC are subject to change. Therefore, the GTC’s applicable are those in force on the Websites on the purchase date.
1.1 The order validation implies acceptance without restriction or condition of these GTC.
1.2 The purchase is complete once the order is received by our services. The Buyer receives an acknowledgement of receipt as confirmation of the order which will be sent by email.
1.3 Pursuant to article L. 122-1 of the French Consumer Code, ORECA may refuse the order if it is abnormal, made in bad faith or for any other legitimate reason, including without limitation, in case of a claim or dispute with the Buyer regarding the payment of a previous order.
2.1 The sales prices of the products are the prices indicated on the Websites on the purchase date.
2.2 The prices indicated on the Websites or on the commercial material are quoted Ex-works and are subject to change without prior notice. ORECA shall not be held liable for such change.
2.3 Prices are expressed in euros tax included (“VAT”), excluding shipping costs. ORECA reserves the right to modify them in case of a change in the VAT rate, an error in relation to the price, the product or the discount.
III. PRODUCTS MODIFICATIONS
3.1 The visuals, technical specifications and photos displayed in our commercial documentation and Websites are not binding and are given for illustrative purposes only. They are subject to change without prior notice.
3.2 The deletion or modification made by ORECA’s suppliers to products ordered by the Buyer allows ORECA to cancel the order placed by a Buyer without the Buyer’s consent, unless such Buyer agrees to modify the order.
4.1 Upon arrival at the place of destination, it is the Buyer's responsibility to check the condition of the products before taking possession of them. We strongly recommend checking the condition of the goods in the presence of the carrier, in order to ensure that the products are not damaged. In the event of a defect (such as damaged packaging, or missing, damaged or broken products), the Buyer shall:
• accurately note on the package's delivery receipt the state of the package;
• co-sign the reserves expressed on the receipt with the carrier; and
• notify the event to ORECA by any means within a period of 3 (three) calendar days.
4.2 ORECA draws the Buyer’s attention to the fact that products intended to adapt vehicles for competition may have such characteristics so that the use of such vehicles may:
• be prohibited on roads open to public traffic,
• invalid manufacturer’s original warranty of the vehicle on which such items are fitted, and
• invalid insurance guarantees insofar as they modify the characteristics of such vehicles described in the protocol report issued by the service des mines: noise, pollution, maximum speed, tyre dimensions, etc.
Furthermore, all products sold by ORECA are intended for motorsport practice and competition, and as such are not subject to any specific contractual guarantee because of their specific conditions of use.
4.3 In consideration of the technical nature of the products sold by ORECA, we strongly recommend to ask for automotive mechanic professional in order to ensure they are fitted according to the state of the art and, where necessary, in compliance with current technical and sport regulations.
V. DELIVERY TIME
5.1 The Buyer selects one of the delivery modes proposed on the Websites in the course of the ordering process. The Buyer shall be the sole responsible in case of a failure to deliver due to an error in the address of delivery.
5.2 ORECA commits, in accordance with applicable regulations, to deliver the products within 4 (four) months from the date of order, subject to due completion by our provider of the ordered products by our supplier. The Buyer receives confirmation of the dispatch of the order by email. Delivery terms are expressed in working days.
5.3 If case delivery time exceeds 4 (four) months, the Buyer may request the cancellation of the order and claim reimbursement by contacting and sending an unambiguous statement to the Customer Service.
5.4 Delivery costs depend on the amount of the order and the delivery mode chosen by the Buyer. Delivery costs are indicated to the Buyer before the order confirmation.
6.1 Pursuant article L. 221-18 of the French Consumer Code, any Buyer acting as a consumer, as defined under such Code (“Consumer”), in a distance or off premises contract, shall have a period of 14 (fourteen) calendar days from the date of delivery of the ordered products to exercise his or her withdrawal right and return the products in their original condition to ORECA. The Buyer shall send a unequivocal notification to Customer Service. Return fees shall be borne by the Buyer.
6.2 The Buyer may within 30 (thirty) days return any ordered products, from the date of delivery or the date of purchase in-shop, in their original condition to ORECA for a refund on the condition that the returned product is in good condition, not damaged and remains in its original packaging. Beyond this period, no products shall be taken back or refunded. This return shall be made on the distribution channel used during the initial order.
On a commercial basis, ORECA may bear the return shipping costs for any products ordered on the Website and, returned from Metropolitan France and Corsica and not exceeding 30 (thirty) kilos, to the exclusion of oversized and/or out of gauge products.
6.3 Nonetheless, products which are not in stock and are the result of a specific order and/or are custom made cannot be returned.
6.4 After the return request,the Buyer must receive from the Customer Service a return merchandise authorization number. The top portion of the return form (‘bon de retour’) must be visible on the exterior of your return parcel, and the bottom portion must be included within the parcel. ORECA unfortunately cannot accept products that are returned without a return merchandise authorization number. These products will not be reimbursed and will be available for pick up from our warehouse.
6.5 If the product is not returned in its original condition with its packaging, ORECA reserves the right to retain a minimum of 20% of the price of said products for storage, packing or/and reconditioning.
7.1 ORECA ensures legal warranty against hidden defects under the conditions established under article 1641 and al. of the French Civil Code and warranty of conformity under the conditions established by the article L217-4 and al. of the French Consumer Code.
7.2 The Buyer has a period of 2 (two) years from the date of discovery of the hidden defect to commence legal proceedings on such ground in order to obtain the cancellation of the order or a purchase price reduction.
7.3 The Consumer has a period of 2 (two) years from the date where the product is issued, to commence legal proceedings on the grounds of product conformity guarantee. The Consumer may request either the repair or the replacement of the product subject to the cost conditions established in article L217-9 of the French Consumer Code.
7.4 In order to benefit these guarantees, the Buyer shall contact and send an unambiguous statement about his/her will to cancel the order Customer Service.
VIII. PAYMENTS AND DUE DATES
8.1 Available products sold by ORECA are payable in cash at the time of the order The Buyer receives without delay a payment confirmation by email.
8.2 Means of payment accepted are credit card, PayPal and “E-Carte Cadeau”.
8.3 For Consumers, domiciled in Metropolitan France, Corsica or DOM (overseas department), the order payment may be made in 3 (three) or 4 (four) instalments without with our partner ONEY under the conditions listed below:
• For an order between 100€ (one hundred euros) and 2000€ (two thousand euros) TTC: possibility of payment in 3 (three) monthly payments,
•For an order between 350€ (three thousand fifty euros) TTC: possibility of payment in 4 (four) monthly payments.
Only French Bank Cards covering the duration of the financing (excluding Maestro, Electro and American Express) are accepted.
8.4 Orders are shipped once payment is cleared.
8.5 Any amount paid by the Buyer at the time of order shall be considered by the parties as a deposit.
8.6 In the hypothetical situation where the company would exceptionally grant specific payment terms to the Buyer, the products should be subject to repossession until full payment of the price, costs and accessories. In the event of non-payment by one of the agreed deadlines, ORECA may apply the resolutive condition. This resolutive condition does not affect the transfer of the risks to the Buyer's.
8.7 If on a commercial basis, the Buyer will receive a credit electronically. The latter issued will be usable from the next order performed by telephone only. This credit has a limited period of 12 (twelve) months as from the issue date. The credit is personal and non-transferable.
8.8 In case of late payment, the Buyer shall be charged interests calculated on the basis of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 (ten) percentage points as well as a lump sum per invoice for recovery costs of 40 euros.
8.9 In the event of non-payment, ORECA shall be entitled to request the Buyer to pay damages in the amount of 15% of the total amount included taxes of the debt, with a minimum amount of 300 (three hundred) euros per debt regardless of the amount of the actual loss suffered.
8.10 Special terms and conditions of payment agreed between the parties, shall become null and void in the event of a delay in payment, may it be partial.
8.11 In order to secure the Buyer’s means of payment, ORECA may request all supporting documents (regarding the identity and/or residence and/or means of payment used) or require a payment by wire transfer. The failure or refusal to send the requested supporting documents or to pay by wire transfer may lead ORECA to refuse the Buyer’s order. Any delay in sending the requested supporting documents or the wire transfer receipt to ORECA may delay the transportation and delivery of the ordered items.
IX. GIFT CARD “E-CARTE CADEAU” AND ORECA PREMIUM SUBSCRIPTION
9.1 ORECA offer its Consumers a “E-CARTE CADEAU” editing service, which can be used exclusive on the Website OS , including the General Conditions of Sale and Use of the E-Gift Card Service available on the Website OS.
9.2 The ORECA PREMIUM subscription allows the subscriber Buyer to benefit from advantages and services under the conditions detailed in the terms of subscription to the ORECA PREMIUM services accessible on the Website OS.
X RETENTION OF PROPERTY CLAUSE
Under French Law n°80.335 dated 12 May 1980, ORECA reserves title to the goods and products until full payment of its price and accessories. In the event of failure to pay all or part of the price on the due date for any reason whatsoever, ORECA reserves the right, without prior formalities, to materially recover possession of these products or goods at the Buyer’s expense and risk.
XI INTELLECTUAL PROPERTY
All trademarks, figurative or not, and more generally any and all trademarks, illustrations, images and logotypes appearing on the products, their accessories and packaging, whether registered or not shall remain the exclusive property of the ORECA. Any reproduction, modification or use of the trademarks, illustrations, images and logotypes, in whole or in part, in any form or on any medium whatsoever, without the prior written consent of the ORECA is strictly prohibited. The same applies to any combination or conjunction with any other trademark, illustration, image, symbol and/or logotype and more generally any distinctive mark intended to form a logo composite as well as any copyright, design, model and patent which are the property of ORECA.
XII. PERSONAL DATA
As personal data controller, ORECA can collect personal data. In accordance with the French Freedom and Information Law of 6 January 1978 and the EU Regulation n°2016/679, the Buyer shall have a right to access, rectify and oppose his or her personal data. To exercise this right, the Buyer shall send a written request stating his/her name and address to the Customer Service.
ORECA invites you to refer to the Charter of persona data protection available on the Websites.
XIII. ACT OF GOD AND FORCE MAJEURE
13.1 ORECA’s obligations shall be suspended in the event of an Act of God or Force Majeure event, such as defined under French Law and caselaw, which would impede or delay the performance thereof. In this case, ORECA shall not be held liable and the Buyer shall not be entitled to any damages whatsoever.
13.2 ORECA shall promptly inform the Buyer of the existence of an Act of God or Force Majeure event.
13.3 If ORECA’s obligations are suspended for more than 4 (four) consecutive months, the Buyer shall have the possibility to cancel the order and ORECA shall reimburse such order.
XIV. GOVERNING LAW AND COMPETENT JURISDICTION
14.1 Any dispute relating to or arising out of these General Terms and Conditions of Sale shall be submitted to French law to the exclusion of any conflict of laws rules and the 1980 Vienna Convention on International Sales of Goods.
14.2 Any claim arising out between ORECA and a Buyer who, in compliance with the definition given by the preliminary article of the French Consumer Code, acts as a professional, shall be submitted to the commercial courts of Toulon (France).
14.3 In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, ORECA is a member of the FEVAD Ombudsman’s Service (Federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr. After a prior written approach by consumers to ORECA, the Ombudsman’s Service may refer any consumer dispute that has not been settled. To find out how to refer the matter to the Ombudsman, click here.
14.4 The European Commission set up a dispute resolution platform in order to record claims from European consumers related to a purchase online and send them to the competent national mediators. This platform is available on this weblink.
14.5 In case of discrepancy between the French and the English versions of the GTC, the French version shall prevail.